Tag Archives: Employment

March 8, 2019Comments Off on Termination may have been breach, not discrimination

Where an employee was found to have been at least partially responsible for a transportation failure that left more than 150 special needs students stranded on the first day of school, the employee’s subsequent termination did not constitute unlawful discrimination, ...

The plaintiffs plausibly alleged the defendants’ enterprise fell within the scope of the Fair Labor Standards Act and that each of the plaintiffs had an employer-employee relationship with defendants. The court also held an FLSA retaliation claim was plausible, based ...

February 5, 2019Comments Off on Serving in reserves won’t back discrimination claim

There was no evidence the reservist’s supervisor terminated the plaintiff because of his membership in the Army Reserve. Background On May 31, 2018, Communication Technologies filed a motion for summary judgment. COMTek asserts that it is entitled to judgment as ...

The court remanded the question of whether a sheriff is entitled to qualified immunity against a retaliatory discharge claim brought by a supervisor fired after leaking video of a prisoner being beaten by an officer. The district court must determine ...

January 8, 2019Comments Off on Decision to terminate woman’s employment backed by law

In considering a woman’s challenge to her termination, the appellate court said the case required a de novo review of a hearing officer’s final decision. The hearing officer’s initial finding of retaliation was based solely on his faulty understanding of ...

December 26, 2018Comments Off on Important Opinions January – December 2018

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

December 7, 2018Comments Off on Company can pursue ex-employee for retained property, trade secrets

Because an employer did not abandon its claim that a former employee breached his employment agreement by retaining company property after resignation, the district court erred in dismissing the claim. And because the employer took steps to maintain the secrecy ...

December 7, 2018Comments Off on Agency CEO fails to tie firing to whistleblower complaint

A termination suit brought by the CEO of a state agency was dismissed without prejudice because he failed to allege facts proving his filing of a whistleblower complaint charging waste and misuse of funds was the cause of his firing ...

September 28, 2018Comments Off on Default judgment entered against employer for unpaid pension contributions

An employer who failed to make pension contributions or to respond to pension funds’ lawsuit was ordered to repay the funds with interest and pick up attorney and auditing fees. Background This action is brought under Sections 502 and 515 ...